People considering their Social Security retirement options often know they qualify for benefits based on their own earnings record of that of their current or deceased spouse. But divorcees who have not remarried are often unaware that they may be eligible for benefits based on the earnings record of a spouse they divorced long ago. Because Social Security does not inform applicants of this benefit, it is up to divorcees to ask for it. The ex-spousal benefit review is not automatic for privacy reasons, says the Social Security Administration. Applicants will need to request information on benefits based on an ex-spouse's earnings record. They will also need to provide documentation to establish that they had indeed been married to the person, and subsequently divorced, before a benefits estimate will be provided.
What are the rules regarding getting benefits based on an ex-spouse’s earnings history?
The rules are relatively straightforward, although there are some twists and turns.
If your marriage lasted for at least 10 years, and you are currently not married, then you are entitled to receive whichever benefit is higher: one half of the Social Security benefit of your ex-spouse, or the benefit you qualify for based on your own earnings record. This can be an especially important benefit for divorced individuals with little or no prior Social Security earnings record.
For example, if their ex-spouse's Full Retirement Age benefit is $2,300, the divorced spouse would be eligible for one-half of this amount, or $1,150 per month, when they reach their Full Retirement Age. (For more information on Full Retirement Age, click here). For someone without a relevant earnings history, this can be a wonderful surprise. If they do have an earnings record of their own, and are entitled to receive a monthly Social Security retirement benefit greater than $1,150, then the ex-spousal benefit is of no use to them. They are better off receiving the higher benefit based on their own record. They are entitled to collect whichever benefit is higher.
What if their ex-spouse has remarried? Does that change the benefit calculation?
No, it does not matter if their ex-spouse has remarried.
What if the ex-spouse has died?
There are some important nuances in the rules for this situation. The marriage still must have lasted for at least 10 years and the surviving spouse’s retirement benefit based on their own record must be lower than what they could claim based on their ex-spouse's. But they can start claiming benefits when they are 60 or older (50 if they are disabled). Additionally, there is a special twist concerning their marital status. If they remarry before age 60 (50 if disabled), they can’t receive the benefit based on the ex-spouse's record. But if they remarry after 60 (50 if disabled), they can.
What if there are children?
If someone is caring for a child from a previous marriage (either biological or legally adopted), who is younger than 16, the person caring for the child can receive Social Security benefits based on the ex-spouse’s record. These benefits continue until the child reaches 16 or is no longer disabled. Importantly, the caregiver can receive this benefit even if they were not married to their ex-spouse for 10 years.
Is the ex-spouse informed about a pending application or required to give approval?
The answer to both questions is NO. An applicant does not need to ask their ex-spouse for permission to receive this benefit, nor will the Social Security Administration inform the ex-spouse that an application has been submitted. If you receive an ex-spouse benefit, it does not impact the size of the benefit that your ex receives. Moreover, if your ex-spouse has re-married, the Social Security retirement benefit their new spouse may be eligible to receive is not affected.
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Remember, if you are divorced and have not remarried, then you will have to ask Social Security about the ex-spouse benefit. Ignorance is not bliss.
DISCLAIMER: This information is not intended to provide legal or accounting advice, or to address specific situations. Please consult with your legal or tax advisor to supplement and verify what you learn here. This is presented for informational or educational purposes only and does not constitute a recommendation to buy/sell any security investment or other product, nor is this an offer or a solicitation of an offer to buy/sell any security investment or other product. Any opinion or estimate constitutes that of the writer only, and is subject to change without notice. The above may contain information obtained from sources believed to be reliable. No guarantees are made about the accuracy or completeness of information provided. Past performance is no guarantee of future results.